Page 29 - Senior Times South Central Michigan - July 2016 - 23-07

PROTECT YOUR ASSETS FROM THE NURSING HOME
The
Elder Law
Center
Attorneys Helping Seniors
(269) 968-1101
● Asset Protection - Nursing Home
● Wills
● Trusts
● Durable Power of Attorney
● Durable Power of Attorney for Health Care
● Guardianships / Conservatorships
● Probate
● Trust Administration
Michael B. Walling
Elder Law Attorney
Offices in Battle Creek & Portage
QUESTION: My parents have a large farm. It consists of three differ- ent parcels of land: a 240-acre par- cel, a 100-acre parcel, and a 80-acre parcel. My parents have their home on the 80-acre parcel. My question is, if my Dad has to go into the nursing home, will they lose their farm?
ANSWER: They may lose some of it. Under Michigan law, your parents are allowed to keep their home. This
is called the “Homestead Exclusion.” Their “Homestead” consists of one house, all other buildings on the land (except another residence), and the land itself. There is no limit to the amount of land as long as the spouse continues to live there.
In order for any of the other parcels to also come under the Homestead Exclusion, they must be adjoining to your parent’s Homestead (the 80 acre parcel that your parent’s home is on).
To be considered adjoining, the other parcels cannot be completely separated from your parent’s homestead by some- one else’s property. However, they can be separated by roads and rivers. For instance, if the 100-acre parcel is across the road from your parent’s homestead, then that would also be excluded under the Homestead Exclusion and they could keep it. However, if the 100-
acre parcel is down the road from your parents Homestead, and their neighbor owns the land between the 80-acre parcel and the 100-acre parcel, then the 100-acre parcel is not adjoining and would not be exempt under the Homestead Exclusion.
For any of the parcels that are
not covered under the Homestead Exclusion, the equity in the parcel(s) may be counted as an asset. The equity is the fair market value of the land minus any liens. This is important as your parents have a limit to the amount of assets they can keep and still get your Father on Medicaid to pay for the nursing home.
However, there is also another exclusion that may protect the land if the land is still being farmed. I would advise you to contact an attorney who specializes in asset protection for nurs- ing home care.
Michael B. Walling is an Elder Law attorney with a Master of Laws Degree. He is also the Managing Partner of The Elder Law Center and the law firm of Michael B. Walling, PLC. Please send any questions you would like addressed to: Michael B. Walling, 4625 Beckley Road, Building 400, Suite 4003, Battle Creek, MI, 49015. You may also call (269) 968-1101 to set up a free initial consultation. This column is intended for general information purposes only and should not be considered as legal advice to any particular person.
ask
THE ATTORNEY
Michael B. Walling, Attorney, Special to Senior Times HOMESTEAD EXCLUSION
Senior Times - July 2016
Page 29
cooking
FOR TWO
Joanna Stelloh Phelps, Special to Senior Times
July is a hot month and the last thing you want to do is turn on an oven to add to the misery. This cake is cool, refreshing, and uses the refrigerator instead of a stove. You can double it too if you are having company!
Italian No-Bake Cake
Ingredients:
1 14-oz. can sweetened condensed milk 1⁄4 cup fresh lemon juice
1 8-oz can crushed pineapple, undrained 32-40 vanilla wafers
1 8-oz carton of Cool Whip
2 cups flaked coconut
12-16 maraschino cherries
Instructions:
In small bowl, whisk milk and lemon juice until smooth and blended. Add und- rained crushed pineapple; set aside.
Line 8 x 8 or 7 x 10-inch glass dish with enough wafers to cover bottom (it will be about half of the wafers). Pour all of pineapple mixture over wafers. Add a layer of remaining wafers. Spread Cool Whip over wafers then top with coconut and decorate with cherries. Cover tightly with plastic wrap and chill for eight hours or overnight.
The Village of
Mill Creek A SENIOR LIVING COMMUNITY A Mission of Presbyterian Villages of Michigan
 NOW ACCEPTING APPLICATIONS  Veterans Preference for qualified
applicants. Call today for details.
• Services and programs tailored to provide the best in affordable senior living.
• Finely-crafted, new, three-story building with an equally impressive interior.
• Wall to wall carpeting, individually controlled heating and cooling systems, & fully equipped kitchens.
• Personal 24-hour emergency call system.
• Community, laundry, & wellness room. • Library/computer room.
• Central laundry room.
• Planned monthly resident activities.
• Pet friendly.
• Security cameras throughout property. • On-site maintenance.
• Barrier-free apartments available.
Embrace The Possibilities
300 Carl Avenue, Battle Creek, MI 49037
PH: 269-962-0605 • FX: 269-965-2285 • TTY: 800-649-3777 • www.pvm.org